What Is BSA Section 36?

Bhartiya Sakshya Adhiniyam, 2023 - Section 36: Relevancy and Effect of Judgments, Orders or Decrees, Other Than Those Mentioned in Section 35

• Judgments, orders, or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the enquiry;
• but such judgments, orders, or decrees are not conclusive proof of that which they state.

Illustration:

A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.

Brefe Detail

Section 36 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the relevance of judgments, orders, or decrees not covered in Section 35. It states that such legal decisions are relevant if they pertain to matters of public interest, though they do not serve as conclusive proof of the facts they assert.

Question & Answers

Q1: What does Section 36 cover?

A1: Section 36 covers the relevancy and effect of judgments, orders, or decrees other than those mentioned in Section 35.

Q2: When are such judgments, orders, or decrees considered relevant?

A2: They are considered relevant if they relate to matters of a public nature relevant to the enquiry.

Q3: Are these judgments conclusive proof of the facts they state?

A3: No, they are not conclusive proof of that which they state.

Q4: Can you provide an example of how this section applies?

A4: Yes, in a case where A sues B for trespass and B claims a public right of way, a previous decree in favor of B in another suit regarding the same right of way is relevant but not conclusive proof of the right's existence.

Example

A sues B for trespass on his property, claiming exclusive ownership. B, in his defense, presents a prior judgment indicating a public right of way over A's property. While this prior judgment is relevant to the case, it does not definitively prove that the right of way exists.

Summary

Section 36 of the Bhartiya Sakshya Adhiniyam, 2023, clarifies that judgments, orders, or decrees unrelated to Section 35 can still be relevant in public matters. However, they do not provide conclusive proof of the assertions they contain, ensuring that the context and nature of such judgments are carefully considered in legal proceedings.